Governor Blasted Over Changes To Recall Bill

RICHMOND — A bill that would protect citizens who petition to remove elected officials from office is significantly weakened by changes proposed by Gov. Timothy M. Kaine, critics say.

The bill, which stems from the failed removal of four Gloucester County supervisors, was approved 134 to 1 last month by the General Assembly. It states in part that petitioners shall not be subject to court costs or defense attorney fees should their effort fail.

Kaine removed that section from the bill and inserted the following: "the court may assess such costs upon a finding by clear and convincing evidence that the petitioners acted with a malicious intent to harm the officer."

The amendment has angered many of the 40 Gloucester residents who were fined $2,000 each in December after circulating petitions to remove from office Teresa Altemus, Bobby Crewe, Michelle Ressler and Gregory Woodard.

"I think that he has some people working with him that do not understand, that do not have a clue what has happened here," said Patricia Cowan, one of the 40 petitioners.

Cowan believes the amendment will strip the bill of its potency and, thus, do nothing to alleviate the fears of would-be petitioners. She and her husband, Carl, are circulating a letter urging Kaine to reconsider the change.

The letter states: "I am flabbergasted! You have decided to protect attorney fees and not your state citizens! You obviously have no idea why these bills were introduced!"

Gordon Hickey, a spokesman for Kaine, said the governor proposed the change to ensure the state's removal process remains stringent.

"He thinks people should not be able to petition to remove people from office unless there's a good reason," he said.

Del. Thomas Gear, R-Hampton, one of three sponsors of the bill, said he will oppose the amendment. "I'm not supporting it all," he said. "The bill is fine the way it is."

Kaine's proposal drew a more conciliatory response from the American Civil Liberties Union, which lobbied state lawmakers to approve the bill.

Kent Willis, executive director of ACLU's Richmond office, said even with Kaine's amendment the bill "still sets a very high threshold" that protects petitioners.

Del. Harvey Morgan, R-Gloucester, and Sen. Tommy Norment, R-Williamsburg, also sponsors of the bill, could not be reached for comment.

The General Assembly will consider the amendment when it meets April 8.